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R v Skinner
''R v Skinner'', () 1 S.C.R. 1235, is a leading constitutional decision of the Supreme Court of Canada on the freedom of expression under section 2(b) of the ''Canadian Charter of Rights and Freedoms''.
==Background==
Dorman Skinner was arrested while trying to proposition an undercover police officer. He was charged with "communicating in a public place for the purpose of obtaining the sexual services of a prostitute" contrary to s. 195.1(1)(c) of the Criminal Code. He was convicted at trial. On appeal Skinner argued that the provision of the Criminal Code violated his right to freedom of expression under section 2(b) of the ''Charter''. The Court of Appeal agreed and found a violation that could not be saved under section 1 of the ''Charter''. It was also suggested that the provision may also violate the right to freedom of association under section 2(d) of the ''Charter''.
The issues before the Supreme Court was whether section 195.1(1)(c) of the Criminal Code violated sections 2(b) and 2(d) of the ''Charter''. If so, whether the provision is justifiable under section 1 of the ''Charter''.
In a four to two decision, the Court overturned the ruling of the Court of Appeal. It held that the provision violated section 2(b) but was saved under section 1, and did not violate section 2(d).
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